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Acceptable Use Policy (AUP)

1. General 

This Acceptable Use Policy was last amended on 3 August 2003. FiberRing reserves the right to modify the Acceptable Use Policy from time to time. Changes to this Acceptable Use Policy will be posted on the FiberRing web-site www.fiberring.com and Customers must monitor this web site and comply with the current Acceptable Use Policy in force from time to time. 

FiberRing aims to promote a high level of responsible behaviour in connection with the use of the Internet and the FiberRing Network and for this purpose has created this Acceptable Use Policy ("Acceptable Use Policy"), inter alia, to: 

• define acceptable practices for the use of any of FiberRing´s services that provide access to the FiberRing Network and/or the Internet ("Services"); 
• protect the interests and reputations, and resources of FiberRing and its Customers;
• protect, as far as FiberRing is reasonably able to do, the Internet community as a whole from the improper and/or illegal or criminal behaviour. 

All Customers of FiberRing must read and comply with this Acceptable Use Policy and, where such Customers provide services to their own users (e.g. resellers or downstream service providers), take all reasonable steps to ensure that their own users are aware of and comply with this Acceptable Use Policy including, where necessary, terminating access for any such users who do not comply with this Acceptable Use Policy. Where the context requires references to "Customer" in this Acceptable Use Policy will be deemed to include the Customer´s users. 

By using any of the Services, a Customer acknowledges that it has read, understood and agrees to comply with the Acceptable Use Policy. Customers must also ensure that the terms under which they provide services to their own users require that each such user acknowledges that they have read, understood and agreed to abide by this Acceptable Use Policy. Breaches of this Acceptable Use Policy by a user who obtains access via a Customer (e.g. resellers or downstream service providers) will also be considered to be a breach of this Acceptable Use Policy by that Customer. 

Each Customer must report to FiberRing by e-mail to abuse@fiberring.com  any violations of this Acceptable Use Policy promptly after first becoming aware of such violation and shall provide all reasonable assistance to FiberRing to investigate and resolve any reported claims, complaints and/or problems arising out of the Services. 

Customers must immediately report to FiberRing by e-mail to abuse@fiberring.com  any network issue that might compromise the stability, continuity or security of the Services. Customers must co-operate with FiberRing and any properly authorised law enforcement or regulatory authority or body to investigate claims of criminal, illegal or other inappropriate behaviour.

Any complaints or enquiries regarding any breach of this Acceptable Use Policy should be sent by e-mail to abuse@fiberring.com.

2. Disclaimer

While FiberRing reserves the right to edit or remove any content that it deems to be in breach of the Acceptable Use Policy or is otherwise harmful or offensive, FiberRing does not intend to review, monitor or control content sent or received by Customers using the Services and accordingly FiberRing accepts no responsibility or liability to Customers or any other person for the content of any communications that are transmitted by or made available to Customers or their users, regardless of whether they originated from the FiberRing Network or the Services. 

3. Rights of FiberRing 

If Customers or their users engage in conduct which is in violation of the Acceptable Use Policy or is otherwise illegal or improper, FiberRing reserves the right to suspend and/or terminate the Service or the Customer´s access to the Service. Where practicable, FiberRing will attempt to notify the Customer of any activity that breaches this Acceptable Use Policy and request that the Customer or its user ceases such activity. However, where any activity of a Customer threatens the integrity or viability of the FiberRing Network or involves unauthorised access/interference, spamming/mail bombing, e-mail relaying, alteration of the Customer´s source IP address information, harassment, copyright infringement, the introduction of malicious programs or interference with FiberRing´s Network Monitoring, FiberRing reserves the right to suspend any Service or a Customer´s access to any Service without notice. In addition, FiberRing reserves the right to take appropriate action, legal or otherwise, against any Customer or other person responsible for the violation of the Acceptable Use Policy. 

4. Prohibited Use 

The following are non-exclusive examples of use that is strictly prohibited under this Acceptable Use Policy and are provided merely as guidelines:

4.1 Illegal Activity

Customers must only use the Services for lawful purposes and must not use the Services for any purpose which breaches any applicable law, regulation, treaty or tariff. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorisation, and/or the transmission of any material which constitutes an illegal threat, violates applicable import and export laws, is obscene, defamatory or otherwise unlawful. Without limitation, illegal activity will also include defamation, obscenity, child pornography or software piracy.

4.2 Harassment 

Customers must not use the Services to harass any person, whether by language, frequency or size of e-mail. Continuing to send any e-mail after being asked to stop will generally be considered harassment and harassment may take any recognised form and will include, but not be limited to, harassment according to race, nationality, religion, sex, sexual persuasion, political affiliation, trade union membership, physical or mental appearance or state or any other form of harassment. 

4.3 Violation of Other Applicable Acceptable Use Policies 

Customers must not breach the applicable acceptable use policies of any other networks, machines or services which are accessed by or through the Services. 

4.4 Unauthorised Access/Interference 

Customers must not attempt to gain unauthorised access to, or attempt to interfere with or compromise the normal functioning, operation or security with any network, machines or services. Customers must not use the Services to compromise or deny any third party access the Services or the Internet. A Customer may not use the Services to monitor any data, information or communications without proper authorisation. Customers must not attempt to gain unauthorised access to the user accounts or passwords of other users, or otherwise violate the privacy of any other Customers or users. Customers must not attempt to intercept, redirect or otherwise interfere with communications intended for another person. 

4.5 Fraud 

Customers must not attempt to impersonate another person by altering source IP information or sending e-mail messages with a false header or other user identification information. Customers must not attempt to fraudulently conceal, forge or otherwise falsify their or another person´s identity in connection with the use of the Services. 

4.6 E-mail relay 

Any use of another person´s e-mail server to relay e-mail without express authorisation from such person is prohibited. 

4.7 Open mail relays 

The operation of an open mail relay may be vulnerable to senders of mass unsolicited e-mail hijacking the server for spamming. A failure to take appropriate steps to close an open mail relay may entitle FiberRing to suspend or terminate Services. 

4.8 Spamming/Mail bombing 

Customers may not use the Services to transmit excessive amounts of unsolicited commercial e-mail messages or send excessive attachments to another user. Use of the Services to send or receive responses to unsolicited commercial e-mails or series of unsolicited commercial e-mails or large attachments sent to one user is prohibited. This shall include, but not be limited to, the collection of e-mail addresses for the purposes of sending excessive amounts of unsolicited e-mail. 

4.9 USENET Postings 

All postings to USENET groups must be in accordance with that group´s charter and other applicable policies. Customers must not cross post to unrelated news groups or news groups where such posting would breach any applicable charter or policy. 

4.10 Malicious Programs 

Customers must not intentionally or recklessly introduce malicious programs onto the FiberRing Network or the Internet including, but not limited to, computer viruses, corrupted data, worms, Trojan Horses etc. 

4.11 Unauthorised monitoring, scanning, or intercepting 

Customers must not monitor or scan the networks of others, or the use by other persons of the Services or any other services without proper authorisation. Customers must not intercept messages or access data for which the Customer is not the intended recipient or log into a server account of another Customer without proper authorisation. 

4.12 Provision of false information 

Customers must not provide false or incorrect information or data to FiberRing when signing up for any Services. FiberRing reserves the right to suspend or terminate any Service where false or incorrect information or data has been provided. 

4.13 Interference with FiberRing´s Network Monitoring 

Customers must not attempt to circumvent or distort the procedures or processes that FiberRing uses to measure time, bandwidth use or other utilization of the Services. 

4.14 Excessive Usage 

If FiberRing has reserved specific bandwidth limitations for a Customer in accordance with a Customer´s request, that Customer´s use of the Service shall not be in excess of those limitations. 

4.15 Password Protection and Transfer of Account 

Customers are responsible for protecting the confidentiality of their password and user account numbers and may not share either their password or user account number with any other person. Customers may not transfer their account to anyone without the prior written account of FiberRing. 
Customers must report to FiberRing by e-mail to abuse@fiberring.com  any loss of their password or any other situation in which they believe the security of their password may have been compromised promptly after first becoming aware of such loss or other situation. 

4.16 Copyright 

Customers must only use the Services in accordance with applicable intellectual property laws including, but not limited to, the Digital Millennium Copyright Act and other copyright laws ("Intellectual Property Rights"). FiberRing reserves the right to remove or disable any material it has reason to believe infringes applicable Intellectual Property Rights. 
For the avoidance of doubt, FiberRing does not accept any responsibility, or liability to owners or other users of Intellectual Property Rights, for the acts and/or omissions of Customers in connection with or related to the Services in respect of any Intellectual Property Rights. 
Other use in breach of the Generally Accepted Norms and Expectations of the Internet Community Customers must use the Services in accordance with the generally accepted norms and expectations of the Internet Community in force from time to time.